Controversy Delays Action On Judge Reappointment

January 18, 1989|By MATHEW PAUST Staff Writer

RICHMOND — Newport News Circuit Judge Douglas M. Smith's bid for reappointment to the bench has stumbled in the General Assembly over questions about Smith's membership in the all-white James River Country Club.

The legislature's Democrats, who were to consider the reappointment of about two dozen state judgeships, postponed action indefinitely after the private club controversy developed.

Sen. Robert C. Scott of Newport News said Democratic leaders were to meet for breakfast this morning to discuss the matter.

The problem eruputed after Newport News Democrats were unable to reach a consensus Tuesday over the Smith reappointment, Scott said.

Scott declined to confirm the local NAACP chapter's claim that he was refusing to sponsor Smith to the Senate Democrats because of Smith's membership in the club.

Scott said he hoped the judgeship question would be delayed until the club membership brouhaha is resolved.

Del. W. Henry Maxwell also sidestepped questions about whether he would support Smith on the House side.

"The perception of something wrong is what we're trying to avoid here. In these modern times we should no longer have even the perception that a judge might be descriminating," Maxwell said.

Sen. Hunter B. Andrews, D-Hampton, explained that judge candidates, whether for reappointment or a new position, must be sponsored in the party caucus by a local legislator in each house.

Smith's bid will be introduced in the House by Del. Alan A. Diamonstein of Newport News.

Sen. William E. Fears of Accomack said he would nominate Smith to the Senate Democrats if Scott won't, although Fears represents only a portion of northern Newport News.

"If I feel this isn't justified, I will make the motion. I think this thing is getting out of hand. They're making too big a thing out of it," Fears said.

Smith, who could not be reached for comment on the recent developments, said that in December he was questioned about his James River club membership by the House Courts of Justice Committee.

That interview was the first step in the reappointment process.

Membership in discriminatory clubs first became an issue locally in the judiciary when the NAACP opposed U.S. Sen. Paul Trible's nomination of Shannon T. Mason to a federal judgeship because he belonged to the same club.

Although Mason dropped his membership, the judgeship bid eventually fizzled.

The country club is also accused of discriminating against Jews.

W. Ballard Preston Jr., vice president of the club's board of directors, said Tuesday that the club has Jewish members.

"I don't know the number, but there are some," he said.

Norman Olshansky, executive director of the Jewish Community Center in Newport News, said he knows of only one current Jewish member.

"To my knowledge, there have been three Jewish members of the James River Country Club in the course of its entire history," he said.